Title 2 . Administration

Chapter 50 . Public Information

Section 545. Definitions

2 AAC 50.545. Definitions

(a) In 2 AAC 50.505 - 2 AAC 50.545,

(1) "person," in addition to the terms set out in AS 01.10.060 (7), includes a labor union;

(2) "public official" means a public official as defined in AS 39.50.200 (1); however, it does not include a judicial officer or an elected or appointed municipal officer;

(3) "controlled event" means an event before which a decision is made to give more than 50 percent of the event's proceeds to a single candidate or campaign.

(b) "Administrative action," as defined in AS 24.45.171 (1), does not include normal inquiries of administrative agencies, or routine actions made necessary by law, or the actions of a person who limits his lobbying activities to appearances before any public proceeding of a regulatory or administrative agency which conducts proceedings in open public hearing for which public notice is given and which creates a record of all proceedings and provides access to the public records or transcripts and to all material which is submitted as part of the record.

(c) "Communicate directly," as used in AS 24.45.171 (8)(A), means to talk, either in person or by telephone, with any public official or legislative employee; it does not include time spent in the research, drafting, preparation, or adaptation of documents for use by the lobbyist.

(d) "Legislative action," as defined in AS 24.45.171 (7), includes the actions of an "employee of the legislature acting in his official capacity," and any attempt to influence legislative action includes not only the elected official, but an employee of the legislature as well; money and time spent on lobbying activities involving a legislative employee is reportable by the lobbyist as required by AS 24.45.051 and the employer of a lobbyist as required by AS 24.45.061 (b) and by this chapter. "Legislative employee" means any employee of the legislature acting in his "official capacity," as that term is used in AS 24.45.171 (7).

(e) "Payments in support of or assistance to a lobbyist or his activities," as used in AS 24.45.171 (10)(B), includes direct costs and expenses incurred by the employer in the current research, drafting, preparation and adaptation of documents for use by the lobbyist for the purpose of influencing legislative or administrative action.

(f) "Substantial or regular," as used in AS 24.45.171 (8)(A), means that a person who is not employed specifically for the purpose of influencing legislative or administrative action, or a person whose contractual services are not specifically for the purpose of influencing legislative or administrative action, is considered to be a lobbyist if, within a 30-day period, he spends in excess of four hours in direct communication with a public official or legislative employee in activities directed toward influencing legislative or administrative action as defined in AS 24.45.171 (1), (6), (7), and this chapter; when a person becomes a lobbyist upon meeting the tests of this section, he must register in accordance with AS 24.45.041 and must report in accordance with AS 24.45.051 and 2 AAC 50.

(g) "Campaign manager or director," as used in AS 24.45.121 (a)(8), includes a person who is not the candidate and who has final decision-making authority in or day-to-day control over a legislative campaign or legislative campaign fund raising.

(h) "Campaign treasurer" and "deputy campaign treasurer," as used in AS 24.45, mean a person that a legislative candidate authorizes to receive, hold, or disburse campaign funds or goods.

(i) "Otherwise actively engage in the fund-raising activity of a legislative campaign," as used in AS 24.45.121 (a)(8), means

(1) serve as an officer or in a fund-raising capacity for a controlled event or for a group that is "controlled by the candidate" within the meaning of AS 15.13.130 ; or

(2) solicit, collect, accept, or deliver campaign funds or goods.

History: Eff. 12/29/77, Register 64; am 7/20/95, Register 135

Authority: AS 15.13.030

AS 24.45.021

AS 24.45.041

AS 24.45.051

AS 24.45.061

AS 24.45.121

AS 24.45.171